Lex Cameroon

Acte uniforme portant organisation des procédures collectives d'apurement du passif › Title 0 › Chapter 4 › Section 1

SECTION 75

The decision to open proceedings shall suspend or prohibit all individual law suits for acknowledgement of rights and claims as well as all other forms of actions for the recovery of debts by the body of creditors on the debtor’s movable and immovable property. The suspension of individual lawsuits shall also apply to creditors whose claims are guaranteed by a general lien or by a special security such as special preferential rights on movables, pledge, collateral security or mortgage, subject to the provisions of Articles 134 (4), 149 and 150 (3) and (4) below. The suspension of individual lawsuits shall not apply to an action for avoidance of contract and to an action to rescind a contract. Any action solely for acknowledgement of a right or disputed claim or for determination of the amount of such claim shall be started or pursued as of right by the creditor after producing his claim where such right and claim has been rejected finally or accepted provisionally or partially by the Judge Administrator. The action shall be started or pursued against the debtor and the Bankruptcy Trustee under the conditions laid down in Articles 52 and 53 above. The time limits given the creditors under pain of forfeiture, prescription or cancellation of their rights shall, consequently, be suspended during the entire period of suspension of lawsuits. Actions and claims which are not affected by the suspension may be started or pursued during collective proceedings only against a debtor with the assistance of the Bankruptcy Trustee in case of receivership, and in case of liquidation proceedings with the Bankruptcy Trustee representing the debtor.
Official translation Spot-checked In force from 10 April 1998 Source page 30

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Texte français

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Section 75 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif /akn/ohada/act/loi/undated/aupcap-1998
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